Opinion
No. 16-16420
06-02-2017
GUILLERMO VERA, Plaintiff-Appellant, v. CONNIE GIPSON, Warden, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 1:13-cv-00870-AWI-MJS MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding Before: THOMAS, Chief Judge, and SILVERMAN, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Guillermo Vera, a California state prisoner, appeals pro se from the district court's order denying his motion for relief from judgment following the dismissal of his 42 U.S.C. § 1983 action alleging an Eighth Amendment violation. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Casey v. Albertson's Inc., 362 F.3d 1254, 1257 (9th Cir. 2004), and we affirm.
The district court did not abuse its discretion by denying Vera's motion because Vera did not identify any grounds for relief from the judgment. See Fed. R. Civ. P. 60(b); United Nat. Ins. Co. v. Spectrum Worldwide, Inc., 555 F.3d 772, 780 (9th Cir. 2009) (setting forth grounds for relief).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.